Criminal Procedure – Power of Court to Review Judgments – Section 362 Cr.P.C – Judgment Modification Not Permissible – High Court’s Correction Order Quashed - The High Court’s modification of its final judgment on grounds of “clerical error” was found to be impermissible under Section 362 Cr.P.C. – The Supreme Court held that once a judgment is...
Criminal Law - Cheque Dishonour – Presumption under Sections 118(a) and 139 N.I. Act – Presumption Rebutted – The accused successfully rebutted the statutory presumption by proving that the cheque was issued as security for a smaller loan that had already been settled via an MoU – Police complaint regarding cheque misuse filed prior to dishonour – Supreme Court held t...
Criminal Law – Discharge - Sanction for Prosecution – Applicability of Section 197 CrPC – Respondent Entitled to Protection – Supreme Court upheld High Court's view that the respondent, though on deputation to the Municipal Corporation, remained a public servant of the Government of Punjab – Discharge for IPC offences upheld due to absence of prior sanction under ...
Criminal Law – Release of Seizure of Cash – Economic Offence – Conditional Release Directed – The Court allowed the release of ₹15 lakhs seized from the petitioner during CBI investigation in a financial scam case – Held: While the petitioner’s entitlement remains disputed, prolonged retention of cash undermines economic activity – Directed release with ...
Criminal Law - Criminal Conspiracy – Sentence Modified – Section 120-B IPC – Sentence Reduced to Time Served – Appellant convicted for conspiracy in a violent robbery incident and sentenced to 3 years’ simple imprisonment – Held: Though conviction upheld, sentence reduced to time already served (5 months 28 days) – Court noted no minimum sentence prescribe...
Criminal Law – Adultery – Quashing of Summoning Order – Section 497 IPC Unconstitutional – Petitioner summoned for alleged adultery under Section 497 IPC after initial discharge by Magistrate – Held: Following Supreme Court's declaration of Section 497 as unconstitutional in Joseph Shine case, prosecution under said provision cannot be sustained – Complaint ...
Criminal Law – Murder – Appeal Against Acquittal - Dying Declarations – Non-compliance with Section 313 CrPC – Acquittal Upheld – The Supreme Court held that the prosecution’s failure to put the contents of the dying declarations to the accused during examination under Section 313 CrPC prejudiced the accused – As such, the declarations could not be relied ...
Criminal Law - Suspension of Sentence – Section 389 CrPC – Scope and Judicial Discipline – High Court Order Set Aside - The High Court suspended the sentence of the convict under POCSO on the ground of doubtful age of victim without conclusively reversing the trial court's finding – Held: Suspension of sentence under Section 389 requires judicial restraint and cannot pr...
Criminal Law – Quashing - Medical Negligence – Discharge Delays and Billing Discrepancy – No Offence Made Out - Petitioner, an advocate, alleged wrongful confinement and cheating by Max Hospital during cashless insurance surgery – Dispute arose over excess billing and delay in discharge – Court held that while harassment due to discharge process is real, it does not c...
Criminal Law - Dishonour of Cheque – Legal Presumption under NI Act – Conviction Upheld - Accused admitted issuance of cheque but claimed it was issued in connection with a proposed joint business – Trial Court and Appellate Court held that presumption under Sections 118 and 139 of the NI Act was not rebutted – Accused failed to lead any defence evidence despite ample oppor...